THE INVESTMENT AND EXPORT PROMOTION AUTHORITY BILL, 2026
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Consolidation of Investment and Export Agencies
Establishes the Kenya Investment and Export Promotion Authority under Clause 4 as the successor to both the Kenya Investment Authority and the Kenya Export Promotion and Branding Agency. This new corporate body will centralize nation brand initiatives, export development, and investment promotion.
Mandatory Registration and KSh 10 Million Threshold
Under Clause 23, registration requirements are standardized:
- Foreign investors intending to undertake foreign direct investment must register with the Authority before investing.
- Domestic investors must register if their investment value is at least KSh 10 million.
One-Stop Centralized Facility for Government Services
Clause 35 directs the Authority to establish a centralized facility to streamline regulatory requirements. The center will host services for business registration, tax administration, work permits, environmental management, land administration, and power connection.
Strict Non-Compliance Penalties Up to KSh 5 Million
Clause 42 establishes new offenses and penalty thresholds:
- Failing to register or engaging in unauthorized business activities carries a fine of up to KSh 5 million.
- Providing false information or obstructing an officer carries a fine of up to KSh 3 million, imprisonment for up to 2 years, or both.
- Continuing offenses attract an additional daily fine of KSh 100,000.
Bill No.
No. 37 of 2026
Gazette No.
Supplement No. 142 of 2026
Sponsor
Kimani Ichung'wah
Background
The Investment and Export Promotion Authority Bill, 2026 seeks to centralize Kenya's investment promotion, export marketing, and national branding activities. By merging the Kenya Investment Authority and the Kenya Export Promotion and Branding Agency, the Bill aims to streamline operations, eliminate duplication, and improve the ease of doing business.
Key Amendments
- Repeal of Cap 485B: The Bill officially repeals the Investment Promotion Act (Cap 485B).
- Revocation of L.N. No. 110 of 2019: The Kenya Export Promotion and Branding Agency Order, 2019 is revoked.
- Establishment of Key Organs:
- The Board of the Authority (Clause 7): Responsible for managing the Authority, led by a President-appointed Chairperson and representatives from the Treasury, Trade, and Council of Governors.
- The Investment Committee (Clause 18): Chaired by the Principal Secretary for Trade, tasked with resolving inter-agency regulatory bottlenecks and recommending incentives for strategic investments.
- The National Investment Advisory Council (Clause 20): An unincorporated advisory body chaired by the President of Kenya to advise the Government on investment and economic growth.
New Obligations
- Mandatory Registration (Clause 23): All foreign investors must register with the Authority. Domestic investors must register if their investment is at least KSh 10 million.
- Centralized Services (Clause 35): State agencies responsible for business permits, KRA compliance, immigration visas, environmental permits, and land administration must provide integrated services at the Authority's centralized facility.
- Maintenance of Registers (Clause 34): The Authority must maintain a centralized register of all registered investments, exporters, and buyers of Kenya's export products.
Penalties
Under Clause 42, the following penalties apply:
- Submission of False Information / Obstruction: A fine not exceeding KSh 3 million, imprisonment for up to 2 years, or both.
- Failure to Register / Unauthorized Activity: A fine not exceeding KSh 5 million.
- Continuing Offenses: A daily fine of KSh 100,000 for each day the offense persists.
- Administrative Penalties: Suspension or cancellation of investment registration certificates.
Transitional Provisions
Clause 44 provides for the smooth transition of personnel, assets, and liabilities:
- Staff Transition: Employees of the former Kenya Investment Authority and the Kenya Export Promotion and Branding Agency will transition to the new Authority on current or improved terms.
- Vesting of Assets and Liabilities: All property, funds, contracts, and pension schemes previously held by the former entities vest fully in the new Authority.
- Legal Proceedings: Pending legal proceedings by or against the former entities will continue under the new Authority.
Gazettement
The Investment and Export Promotion Authority Bill, 2026 was published in the Kenya Gazette No. 142.
First Reading
The Investment and Export Promotion Authority Bill, 2026 underwent its First Reading in the National Assembly.